2nd Session, 35th Parliament,
45 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-51

An Act respecting the water resources of Nunavut

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Nunavut Waters Act.

INTERPRETATION

Definitions

2. (1) The definitions in this subsection apply in this Act.

``Agreement''
« Accord »

``Agreement'' means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made pursuant to the agreement.

``appurtenant undertaking''
« entreprise principale »

``appurtenant undertaking'' means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence.

``Board''
« Office »

``Board'' means the Nunavut Water Board established by section 13.

``designated Inuit organization''
« organisa-
tion inuit
désignée »

``designated Inuit organization'' means

      (a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

        (i) Tunngavik, or

        (ii) in respect of a provision of this Act referred to in Schedule I, any organization designated in the public record maintained by Tunngavik pursuant to the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or

      (b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a).

``domestic purpose''
« domestique »

``domestic purpose'' means the use of waters for the following purposes:

      (a) household requirements, including sanitation and fire prevention;

      (b) the watering of domestic animals; or

      (c) the irrigation of a garden that adjoins a dwelling-house and is not ordinarily used in the growth of produce for market.

``federal Minister''
« ministre
fédéral »

``federal Minister'' means the Minister of Indian Affairs and Northern Development.

``instream use''
« ordinaire »

``instream use'' means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition ``use'', to earn income or for subsistence purposes.

``Inuit''
« Inuit »

``Inuit'' means those persons enrolled from time to time under the terms of Article 35 of the Agreement and, except for the purpose of section 49, includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec.

``Inuit of northern Quebec''
« Inuit du Nord québécois »

``Inuit of northern Quebec'' means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32.

``Inuit-
owned land''
« terre inuit »

``Inuit-owned land'' means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement.

``licence''
« permis »

``licence'' means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut pursuant to section 41.

``licensee''
« titulaire »

``licensee'' means a person to whom a licence is issued or assigned.

``Makivik''
« Makivik »

``Makivik'' means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec.

``national park''
« parc national »

``national park'' means a park within the meaning of the National Parks Act, or lands set aside as a reserve for a park under that Act.

``Nunavut''
« Nunavut »

``Nunavut'' means the territory described in section 3 of the Nunavut Act.

``Nunavut Impact Review Board''
« Commission d'examen des projets de développe-
ment »

``Nunavut Impact Review Board'' means the Nunavut Impact Review Board referred to in section 12.2.1 of the Agreement.

``Nunavut Planning Commission''
« Commission d'aménage-
ment »

``Nunavut Planning Commission'' means the Nunavut Planning Commission referred to in section 11.4.1 of the Agreement.

``Tunngavik''
« Tunngavik »

``Tunngavik'' means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.

``use''
« utilisa-
tion »

``use'', in relation to waters, means a direct or indirect use of any kind, including, without limiting the generality of the foregoing,

      (a) any diversion or obstruction of waters,

      (b) any alteration of the flow of waters, and

      (c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal,

    but does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act.

``waste''
« déchet »

``waste'' means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes

      (a) any substance or water that, for the purposes of the Canada Water Act, is deemed to be waste;

      (b) any substance or class of substances specified by the regulations;

      (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and

      (d) water that has been subjected to a treatment or change described by the regulations.

``waters''
« eaux »

``waters'' means, except for the purposes of subsection 40(2), inland waters, whether in a liquid or solid state, on or below the surface of land.

Meaning of ``Nunavut Settlement Area''

(2) In this Act, the expression ``Nunavut Settlement Area'' has the meaning assigned to it by section 3.1.1 of the Agreement.

GENERAL

Scope and Application

Inconsistency with Agreement

3. (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.

Inconsistency with other Acts

(2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, this Act prevails to the extent of the inconsistency or conflict.

Other Acts

4. Nothing in this Act, the regulations or a licence authorizes a person to contravene any other Act or a regulation or order made under any other Act.

Rights preserved

5. Nothing in this Act or the regulations or in a licence constitutes a defence to a claim for loss or damage sustained by any person by reason of the construction or operation of any work forming part of an appurtenant undertaking.

Her Majesty

Binding on Her Majesty

6. This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by the regulations.

Waters vested in Her Majesty

7. Subject to the rights, under the Agreement, of the designated Inuit organization in respect of waters that are on or flowing through Inuit-owned land, the property in and the right to the use and flow of all waters in Nunavut are vested in Her Majesty in right of Canada.

Delegation and Agreements

Delegation to territorial Minister

8. The federal Minister may, in writing, delegate to the territorial Minister responsible for water resources any of the federal Minister's functions under sections 13, 15, 16, 18 and 20, subsection 54(5), section 55, subsection 75(1) and section 82, either generally or as otherwise provided in the instrument of delegation.

Agreements with provinces

9. The federal Minister and the territorial Minister responsible for water resources shall, with the assistance of the Board, use their best efforts to negotiate an agreement, subject to any agreement entered into pursuant to section 5 or 11 of the Canada Water Act, with a provincial government providing for the management of any waters situated partially in Nunavut and partially in a province, or flowing between Nunavut and a province. The federal Minister shall not enter into an agreement without the approval of the Governor in Council.

Prohibitions

Use of waters

10. (1) Subject to subsection (2), no person shall use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence.

Exceptions

(2) Subsection (1) does not apply in respect of

    (a) any unlicensed use of waters that is authorized by the regulations;

    (b) the use of waters

      (i) for a domestic purpose, or

      (ii) for the purpose of extinguishing a fire or, on an emergency basis, controlling or preventing a flood; or

    (c) a use of waters in a national park.

Duties in certain cases

(3) Where a person diverts waters for a purpose referred to in subparagraph (2)(b)(ii), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the waters to their original channel.

Deposit of waste

11. (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste

    (a) in waters in Nunavut; or

    (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut.

Exceptions

(2) Subsection (1) does not apply in respect of

    (a) any unlicensed deposit of waste that is authorized by the regulations; or

    (b) a deposit of waste in a national park.

Duty to report deposits

(3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, forthwith report the deposit to an inspector.